What does a divorce lawyer do?

by | Oct 4, 2018 | Lawyers

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One of the primary tasks that a family law attorney in Warren gets involved with is divorce. Each jurisdiction have different laws which apply to divorce so it is important that the divorce lawyer is fully cognizant of the laws in the jurisdiction so that the client can be informed of all his or her rights and options. In some areas a divorce can be completed quickly and efficiently without much expense or need for a courtroom appearance. In cases where the divorcing couple has minor children or significant assets, the divorce may be contested and the family Divorce Lawyer in Warren NJ will need to spend considerable time and effort to represent the client, making sure that the client is not taken undue advantage of by the spouse.

One of the most contentious issues in a divorce is division of property which was acquired during the course of the marriage. Property that was brought into the marriage by both partners is not in dispute; that continues under personal ownership. With the help of their individual attorneys it is often possible to come to quick agreement on the settlement. If this is not possible, then the case will end up in court, a step that will cost a great deal of money in fees and perhaps not worth the award.

If the couple had children during their marriage then it is very important to work out where the child will live, what visitation rights the other parent will have and child support. If it is not possible for the couple to agree on who gets primary custody, it will be up to the court after hearing the lawyers present their clients cases. The court only concerns itself with the welfare of the child; it cares little which parent is given primary custody as long as it is best for the child. Once custody has been determined, the amount of child support will be calculated and given court approval.

Not every marriage ends in divorce, there is also the procedure of annulment. In the case of an annulment, the family law attorney in Warren will claim to the court that the marriage was never valid and as a consequence, can never have happened. If approved, there will be no evidence that marriage ever took place.

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